Ordinance 1: Overgrown Weeds & Grass

NOTE: Ordinance #1 has been amended and is now superseded by Ordinance 09-03.

Be it ordained by the Council of the Town of Townsend, State of Delaware, in Council met and ordained as follows:

It shall unlawful for any person, group of persons, firm, association, or corporation to permit any grass, weeds or other for of vegetation whatsoever, other than eatable vegetables, trees, or flowers, to grow higher than twelve inches (12″) from the ground on any lot or parcel of ground within the corporate limits of the Town of Townsend, whether or not any improvements have been erected on said lot, or parcel of ground.

The President of the Council, of the Town of Townsend, shall given written notice to the owner of the property, that the property is in violation of the Ordinance, and if the violation is not cleared within ten (10) days from the receipt of such notice, the President of the Council, of the Town of Townsend, is authorized to enter upon such premises, himself, or through such persons, firms, or associations under contract to the Town, for the purpose of removing said nuisance, and charging the cost of the removal of said nuisance against the property owner. The cost of removing the nuisance shall include not only the cost of labor and materials, but in the event that the Town is forced to levy upon the property for collection of the cost, then the cost will additionally include whatever Court costs are actually incurred, to include actual attorney’s fees for the removal of the nuisance.

If the owner of the property fails or refuses to remove the collection of rubbish, trash, weeds, etc., ten (10) days after receiving notification of the condition, he shall be guilty of common nuisance. Each day that a violation is allowed to continue after receipt of notice of its existence shall constitute a separate offence.

Any person violating any of the provisions of this ordinance shall for each such offense be punished by a fine of not less than ten dollars ($10.00), nor more than fifty dollars ($50.00) for the first offense, and for each subsequent offense be punished by a fine of not less than twenty-five dollars ($25.00), nor more than one hundred dollars ($100.00) or imprisonment for not more than (10) days.

First Reading: June 13, 1978 Second Reading: July 11, 1978 Third Reading: August 8, 1978 Passed by Town Council: September 17, 1985 Signed by Town Council President: Carlene U. Foraker

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